Court No. - 74
Case :- MATTERS UNDER ARTICLE 227 No. - 4133 of 2020 Petitioner :- Ram Kumari @ Raj Kumari Respondent :- State Of U P And Another Counsel for Petitioner :- Suresh Pratap Singh,Kunwar Abhishek Singh Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J.
Heard learned Counsel for the petitioner and the learned A.G.A. appearing on behalf of the State.
The petitioner has come up with a prayer seeking to expedite proceedings of Case no.536 of 2019, Ram Kumari @ Raj Kumari vs. Manohar Lal, under Section 125 Cr.P.C., Police Station Chirgaon, District Jhansi.
The petitioner is the wife of the second opposite party and has claimed maintenance before the Family Court, Jhansi, where the aforesaid case is pending.
The grievance of the petitioner is that the case was instituted on 04.09.2019, but the proceedings are lingering on. He has taken this Court through the order- sheet. It does appear that the proceedings of the case have not been concluded and the case is being casually adjourned. This Court must remark that proceedings for maintenance are inherently urgent in nature as these are designed to provide succor to a destituted wife.
Looking to the nature of the order that this Court proposes to pass no notice is being issued to the private respondents, inasmuch as, no determination of rights of parties is being made here. However, in case the said respondents feel aggrieved, they may file an application in this decided matter.
However, in the circumstances, it is ordered that the Principal Judge, Family Court, Jhansi or wherever Case no.536 of 2019 is pending, shall proceed to hear and decide the said maintenance case within a period of three months, in accordance with law, after hearing the parties concerned.
This petition is allowed in terms of the aforesaid orders. No costs.
Order Date :- 6.1.2021 Anoop